MANU/SC/1068/2011

True Court CopyTM EnglishUJ

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7784 of 2011 (Arising out of SLP (C) No. 20741 of 2009)

Decided On: 12.09.2011

Appellants: Ambya Kalya Mhatre (D) through legal heirs and Ors. Vs. Respondent: The State of Maharashtra

Hon'ble Judges/Coram:
R.V. Raveendran, H.L. Gokhale and Gyan Sudha Misra

JUDGMENT

R.V. Raveendran, J.

1. Leave granted.

2. Lands belonging to Ambya Kalya Mhatre ('A.K. Mhatre' for short, now represented by his LRs.) situated at Dapoli village, Panvel taluk, Raigad district, bearing Sy. Nos. 89/1, 85/1, 27/1, 41/1B, 41/1A, 152/3, 155/7, 18/7, 89/3, 23/2 and 99/1 in all measuring 1.73.6 Hectares (17360 sq.m.) with a large number of fruit bearing trees and a well therein, were acquired for New Bombay project in pursuance of preliminary notification dated 3.2.1970 (read with corrigendum dated 5.9.1970) and final notification dated 29.7.1979.

3. The special Land Acquisition Officer (for short 'the Collector') awarded the following compensation by award dated 4.7.1986:

S. No.

Description

Market value

Solatium

(30%)

Additional amount

@ 12% per

annum

Total

1.

Land

` 24,898.32

` 7469.49

` 49,049.69

` 81,417.50

2.

Trees

` 83,629.00

` 25,088.70

` 1,65,586.40

` 2,74,303.10

3.

Well

` 500.00

` 150.00

` 990.00

` 1,640.00

Possession of the land was taken on 9.9.1986. Not being satisfied with the compensation awarded, A.K. Mhatre made an application dated 10.11.1986 under Section 18 of the Land Acquisition Act, 1894 ('Act' for short) to the Special Land Acquisition Officer (also referred as 'Collector' or 'LAO') seeking a reference to a District Court for enhancement of compensation by ` 90,273/- in regard to the acquired lands and paid a court fee of ` 1610/- in regard to the........